TENANT NUISANCES

Tenant Can File Late Answer and Conduct Pre-Trial Questioning in Nuisance Case

August 26, 2021    

Landlord sued to evict rent-stabilized tenant for breaching a substantial obligation of her tenancy and for creating a nuisance through objectionable conduct. Landlord claimed that tenant caused loud music to emanate...

Did Tenant's Apartment Alterations Constituted a Nuisance?

August 24, 2021    

Four rent-stabilized tenants sued landlord in 2014, seeking to restrain landlord from harassing tenants and from installing a central boiler in the building. Landlord, in turn, claimed that one tenant made building...

Court Grants Tenant's Request for Pre-Trial Document Production

August 24, 2021    

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant created loud noises by arguing and screaming or by letting her children bang on walls. Landlord also claimed that tenant caused...

Landlord Can Sue Tenant for Trespass After Tenant Moved Out and Left Roommate Behind

August 24, 2021    

Landlord sued month-to-month tenant in March 2021, claiming that the tenancy commenced in 2016, that tenant had disappeared in February 2021 without surrendering the apartment, that tenant's roommate was left...

Co-op Can Evict Shareholder Tenant for Objectionable Conduct

August 23, 2021    

Landlord cooperative corporation sued to evict shareholder tenant for objectionable conduct. The trial court ruled for landlord. Tenant appealed and lost. Under the business judgment rule, the co-op board acted...

Fire from Cigarette on Tenant's Fire Escape Didn't Create a Nuisance

July 26, 2021    

Landlord sued to evict tenant for creating a nuisance. Before starting the court case, landlord sent tenant a notice to cure stating that tenant violated her lease by installing a partition and using a washing...

Court Will Hold Virtual Trial to Accommodate Tenant in Nuisance Case

June 21, 2021    

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant loitered around the building day and night, at all hours, yelling, banging, and pounding on walls, made inappropriate comments to...

Landlord Can't Prove Tenant Created Nuisance by Feeding Pigeons

June 18, 2021    

Landlord sued to evict loft tenant in 2018, claiming that tenant created a nuisance. Landlord claimed that, through gross negligence, tenant substantially damaged the building and interfered with the comfort and...

Landlord's Notices Claiming Tenant Nuisance Were Defective

June 18, 2021    

Landlord sued to evict tenant in January 2021, claiming that tenant created a nuisance and that tenant's conduct corresponded to an exception to any stay of eviction under the COVID-19 Emergency Eviction and...

Eviction of Nuisance Tenants Delayed Under CEEFPA

May 24, 2021    

Landlord sued to evict tenants, claiming that they were committing a nuisance. The court ruled for landlord, who proved tenants were causing a nuisance. While tenants were still in the apartment, the CEEFPA went into...

No Dates, Times, or Facts Set Forth in Notices to Tenant

May 24, 2021    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord's papers contained no details of specific incidents or identities of tenants...

Tenant Not Eligible for Stay of Eviction Under CEEFPA

May 24, 2021    

Landlord sued to evict tenant for creating a nuisance. Tenant failed to appear in court, and the court granted a judgment for landlord after inquest. In November 2020, the court granted landlord's request to...